1988 INSC 0287
                                                     B. D. Arora

                                                           Vs

                            Secretary, Central Board of Direct Taxes and Another

                                          Civil Appeal No. 1532 of 1988

                                                      20.04.1988

                                                        ORDER

1. Special leave granted.

2. The challenge is to the order of compulsory retirement of appellant who was an Income-tax
Officer. He has been retired in exercise of powers vested in Fundamental Rule 56(j). The ground of
retirement is recorded thus :

                  While considering the case of Shri B. D. Arora, the Committee noticed that his rating
                  for the year 1980-81 is average and similar is the position for the year 1982-83. The
                  noting for the year 1981-82 is that he is good for routine work in mofussil charges.
                  These nothings show that this officer has lost his effectiveness as well as utility to the
                  government. The Committee, therefore, recommended that he is not fit for further
                  retention in government service and recommended his case under FR 56(j).

3. We are surprised that this should be the conclusion from the material catalogued in the order. The
very assessment shows that the officer is effective if posted in rural areas. This follows that he has
not lost his effectiveness. There would be several officers with such record who are not being retired
and we do not find any justification as to why the appellant should have been picked up.

4. The appeal is allowed. The order of compulsory retirement is quashed and he shall be deemed to
be continuing in service. Hearing fee is assessed at Rs. 3000 (Rupees three thousand).

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